[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Notices]
[Pages 33468-33469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13136]
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. AB 33 (Sub-No. 292X)]
Union Pacific Railroad Company--Abandonment Exemption--in Wright
County, Iowa
Union Pacific Railroad Company (UP) has filed a verified notice of
exemption under 49 CFR part 1152 subpart F--Exempt Abandonments to
abandon a 0.5-mile line of railroad on its Thornton Industrial Lead
from milepost 29.52 to milepost 30.02 near Belmond, in Wright County,
Iowa (the Line). The Line traverses United States Postal Service Zip
Code 50421.
UP has certified that: (1) No local traffic has moved over the Line
for at least two years; (2) there is no overhead traffic on the Line;
(3) no formal complaint filed by a user of rail service on the Line (or
by a state or local government entity acting on behalf of such user)
regarding cessation of service over the Line either is pending with the
Surface Transportation Board (Board) or with any U.S. District Court or
has been decided in favor of complainant within the two-year period;
and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49
CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper
publication), and 49 CFR 1152.50(d)(1) (notice to governmental
agencies) have been met.
As a condition to this exemption, any employee adversely affected
by the abandonment shall be protected under Oregon Short Line
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address
whether this condition adequately protects affected employees, a
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
Provided no formal expression of intent to file an offer of
financial assistance (OFA) has been received, this exemption will be
effective on July 4, 2013, unless stayed pending reconsideration.
Petitions to stay that do not involve environmental issues,\1\ formal
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and
trail use/rail banking requests under 49
[[Page 33469]]
CFR 1152.29 must be filed by June 14, 2013. Petitions to reopen or
requests for public use conditions under 49 CFR 1152.28 must be filed
by June 24, 2013, with the Surface Transportation Board, 395 E Street
SW., Washington, DC 20423-0001.
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\1\ The Board will grant a stay if an informed decision on
environmental issues (whether raised by a party or by the Board's
Office of Environmental Analysis (OEA) in its independent
investigation) cannot be made before the exemption's effective date.
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any
request for a stay should be filed as soon as possible so that the
Board may take appropriate action before the exemption's effective
date.
\2\ Each OFA must be accompanied by the filing fee, which is
currently set at $1,600. See 49 CFR 1002.2(f)(25).
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A copy of any petition filed with the Board should be sent to UP's
representative: Mack H. Shumate, Jr., Senior General Attorney, Union
Pacific Railroad Company, 101 North Wacker Drive, Room 1920, Chicago,
IL 60606.
If the verified notice contains false or misleading information,
the exemption is void ab initio.
UP has filed a combined environmental and historic report which
addresses the effects, if any, of the abandonment on the environment
and historic resources. OEA will issue an environmental assessment (EA)
by June 7, 2013. Interested persons may obtain a copy of the EA by
writing to OEA (Room 1100, Surface Transportation Board, Washington, DC
20423-0001) or by calling OEA at (202) 245-0305. Assistance for the
hearing impaired is available through the Federal Information Relay
Service at 1-800-877-8339. Comments on environmental and historic
preservation matters must be filed within 15 days after the EA becomes
available to the public.
Environmental, historic preservation, public use, or trail use/rail
banking conditions will be imposed, where appropriate, in a subsequent
decision.
Pursuant to the provisions of 49 CFR 1152.29(e)(2), UP shall file a
notice of consummation with the Board to signify that it has exercised
the authority granted and fully abandoned the Line. If consummation has
not been effected by UP's filing of a notice of consummation by June 4,
2014, and there are no legal or regulatory barriers to consummation,
the authority to abandon will automatically expire.
Board decisions and notices are available on our Web site at
www.stb.dot.gov.
Decided: May 29, 2013.
By the Board, Rachel D. Campbell, Director, Office of
Proceedings.
Derrick A. Gardner,
Clearance Clerk.
[FR Doc. 2013-13136 Filed 6-3-13; 8:45 am]
BILLING CODE 4915-01-P